The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1887-01-14
THE FULL TEXT
OF tho Decision Rendered by Judge Jaool
Yesterday.

OF tho Decision Rendered by Judge Jacob
Yesterday.
This proceeding is taken uader the pro.
Visions Of Chapter 72 Of the Acts OF 1885,
authorizing the Circuit Court, upon psti.
ton such as is filed in this cass, to super.
sede, revoke and annul any ordinance OF
a city, town or village "mads contrary to
law" Eg.s,
The point OF inquiry, therefore, is:
Whether the ordinance in question or any
Of the provisions thereof, are made con-
trary to law. ....6g 5I
. It is hardly necessary to say that the
Court is not called upon to consider the
e1pediency, wisdom or necessity OF this
ordinance. These are questions exclu.
sively for tho consideration Of the Legisla.
ture or the Council OF tho city; bu! the
Court, under the terms OF the Act OF 1876,
is required to consider and determine the
validity Of this ordinance, or, in other
words, to enquire into and determine upon
the power and authority OF the Council OF
the city Of Wheeling to adopt this ordi-
nance. y, s-t7t ~ .
The first section Of the ordinance pro-
vides for the election by Council OF four
officers, two Of whom shall bo OF oppo.
site politics from the others, who shall
constitute an official Board, which shall be
called the Police and Fire Commissioners
Of the city Of WheelingW The succsed-
ing sections prescribe the powers and du-
ties Of this Board, and OF certain other Off.
GERS.
1t is insisted by tho petitioners tha. the
City Council had no authority to create
such a Board. To what source are Wo to
look for the requisite authority in the
Council? Unquestionably to the Acts OF
the Legislature. la5s
In Hoboken Va. Harrison, 30 New Jer.
sey, rs, the learned Chief Justice said:
"The powers Of municipal corporation
are derived from its charter. It cannot,
without express authority from the char.
ter, create an Office, define ita duties and
appoint an incumbent or clothe him with
tho powers OF "a municipal officer" &
Judge Dillon lays down the rule on this
subject as follows, (Municipal. Corpora
tions, Section 80, Sd edition): ut is a
general and undisputed proposition OF law
that municipal corporationpoaseeses and
can exercise the following powers, and no
others: First, those granted in express
words; second, those necessary or fairly
implied in, or incident to, the powers eI.
pressly granted those esssntia! to the de.
clared object and purposes Of the corpora.
tion.not simply convenient, but indis.
pensible." ~ On
The Supreme Court Of the United States
cites this section Of Judge Dillon's work
approvingly in City OF Ottawa Y. Casey,
10S U. g., ITO. ifl
Judge Cooley says constitutional Limi.
tations, page 23l, l!h edition.: "rhe
charter or general law under which they
municipal corporations) exercise theil
powers, Is their Constitution, in which
they must be abe to show authority iol
the acts they assume to perform. They
have no inherent jurisdiction to make
laws, or adopt regulations Of government; /;
they are governments Of enumerated
powera, acting by delegated authority
so: that while ths State Legislature may
exercise such powers OF government
within proper designation Of legislaturel
m are not expressly or implicitly prohi
bited, the local authorities can e1ercis.
those only which are expressly or implied
lly conferred, and subject to such regula